Elgin’s Dr Gray’s Hospital takes its name from Alexander Gray. He was born in Elgin but died in India in 1807, having spent over 20 years working as a surgeon for the East India Company. He had amassed quite a fortune and he bequeathed the bulk of his estate to his native town. The sum of £20,000 (probably equivalent to more than £1 million today) was allocated “for the establishment of a hospital … for the sick and the poor”. Gray’s next of kin contested the will and it was not until 1814 that a court declared the money to be free for use to buy a plot of ground on the west side of the town. Building went ahead from the following year and the (then, 30-bed) hospital opened on 01 January 1819. 1814 was an important year for the future practice of medicine in Moray but it was also an important year in the wider medical world. 1814 was also a significant year in relation to the diagnosis and treatment of wrist injuries. In 1814, Abraham Colles (1773–1843), an Irish surgeon who Continue Reading
The Influence of European Law on Personal Injury Claims in Scotland
'What have the Romans ever done for us?' is one of the most quoted scenes from Monty Python's iconic film, Life of Brian. John Cleese as Reg, leader of The People's Front of Judea, poses the question at a secret meeting of the group, expecting no or few positive responses from his colleagues. This, he hopes, will reinforce the group's resolve to overthrow their 'pointless' and unwelcome rulers. Instead, their brainstormed list of the benefits of Roman occupation grows and grows, with great comic effect. Exasperated, in an effort to bring the discussion to an end, Reg snarls: 'Alright - but apart from sanitation, medicine, education, wine, public order, irrigation, roads, the freshwater system and public health ... what have the Romans ever done for us?' (The next and final answer, before the meeting is suddenly interrupted by a threatening knock on the door, is: 'Brought peace'). The serious point, well made by this film scene, is that the influence of the Roman Empire in the Continue Reading
Lifting Operations Accident In Moray Firth Harbour Caused By Confusion In Communication
Confusion in communication is a common cause of accidents. It seems to have played a central role in a serious incident on the coast of the Moray Firth, recently reported on the Health and Safety Executive (HSE) website. A worker suffered facial and hand injuries as a result of an accident in Wick Harbour in January 2013 Brian Reid (‘R’), who was employed by a subcontractor, was lowered into the hold of a ship in a man riding basket lifted by a crane. Wind turbine components were to be unloaded from the ship. R was removing sea fastenings to enable the unloading to take place. Hugh Simpson (Contractors) Limited (‘HSCL’) was in charge of the lifting operation. Neither the basket nor R could be seen by the crane operator whilst R was in the hold of the ship The employee of HSCL who was in charge of lifting operations on the day was on the deck of the ship to provide a communication link between R and the crane operator by means of hand signals. After R had removed one of the sea Continue Reading
Manual Handling Accidents
In rural California in the mid-1980s, Mike Yurosek had a problem which was common to all carrot farmers. More than half his crop was going to waste because it was considered too ‘ugly’ for retail. Carrots which were malformed, crooked or too large were written off as unsaleable and consigned to the bin. After some experimentation and some false-starts with different cutting implements, Yurosek settled on an industrial green-bean cutter, which cut the second-class carrots into regular 2-inch pieces. Unsure as to the reaction he would get, he sent a free bag of the alternative carrots with the usual delivery to one of his local retail clients. Next day, they called him to say that from then on they only wanted the new design of carrots. Yurosek had invented the ‘baby carrot’. In so doing, he lifted the carrot industry out of a rut. By 1987 – the year after his discovery – carrot consumption in the U.S. had risen by 30%. In the decade to 1997, carrot consumption doubled. Continue Reading
Supermarket Slipping Accidents
Growing up in the U.S. in the middle of last century, Irving Naxon’s mother told him stories of her own childhood in a small village in Lithuania. Every Friday afternoon, she took a pot of uncooked stew to the local bakery, where it was placed in the oven. While everyone observed the Jewish Sabbath on the Saturday, the dish simmered in the slowly cooling oven. By evening, it was cooked to perfection and ready to be collected and eaten by the family. Naxon was inspired by this story and, throughout the 1950s and 1960s, sought to develop a way of cooking which was both economical and environmentally friendly. His invention was the Naxon Beanery – a pot surrounded by a heating element which mimicked the cooking method from the Eastern European bakery. The ‘slow cooker’ was born. When Naxon retired in 1971, he sold his business. The new owners refined the cooker’s design and renamed it the Crock Pot. Today, crock pots are integral to American cooking: they’re low-effort, efficient and Continue Reading
Removing Right To Claim For Whiplash Injury Is Thin End Of The Wedge
As a bus passenger most days between Lossiemouth and Elgin, the recent unreliability of the Stagecoach service has been a regular topic of conversation. It has made me wonder how you can give an incentive to provide on-time servicing to a company with a virtual monopoly of the local bus service. How about we all get the automatic right to claim compensation from Stagecoach for our hassle and inconvenience every time a bus is more than 15 minutes late? An end to compensation for minor whiplash In his Autumn Statement for 2015, the Chancellor announced that the Westminster government intends to introduce measures to end the right to compensation for minor whiplash injuries. (We don't know yet how 'minor' is to be defined). Scotland not included Our understanding is that these proposed reforms would apply only to England and Wales (and not Scotland or Northern Ireland). However, we’re highlighting these proposals because we consider the principle to be so important. The Continue Reading
Road Traffic Accident Questions Your Solicitor Needs Answered
If you are making a personal injury claim as a result of an accident, your solicitor needs a lot of information from you at the outset. So much information, in fact, that it can be easy to overlook something important. This post contains a list of questions relevant to personal injury claims arising from road traffic accidents. A checklist like this can help to make sure your solicitor gets as much of the crucial information as possible. At the foot of the article is a link to a downloadable pdf document, which contains all the questions as a handy reference. In this type of case, it will be necessary to show that the accident was caused by fault or negligence (that is, some blameworthy or careless act or omission) on the part of the other driver. Your solicitor will want to have the following information from you, as far as possible. Road traffic accident questions to answer for your personal injury solicitor 1 Your full name, date of birth, address and telephone number, Continue Reading
Slip On Ice At Work Case Clarifies Law On Workplace Personal Injury Claims
Imagine you're employed as a home carer in Scotland. Your work requires you to go out at all times of day and in all kinds of weather to provide personal care to the elderly, vulnerable and terminally-ill. One night in winter, with snow and ice lying on the ground, you slip and fall as you make your way to one of your client's homes. You break your wrist. The flat boots you were wearing had ridged soles but their grip was not enough to keep you upright. It turns out that crampon-like shoe attachments were available at reasonable cost and they would probably have prevented your fall if your employer had given you them to use. In other words, you can argue that your employer failed to take proper care for your safety, by failing to provide adequate personal protective equipment, so you have a right to claim compensation from them for your injuries and other losses. On the other hand, periodic sub-zero temperatures are a fact of life in northern Europe, aren't they? Anyone Continue Reading
Pedestrians Hit By Buses On The Pavement
An accident which happened in East Road, Elgin, Moray, has resulted in a Court of Session action for personal injury compensation. The Court of Session is the highest civil court in Scotland. The decision of the court (2015) is a useful illustration of the principles which apply when you have an accident between a bus and a pedestrian who is on the pavement at the time. Elgin bus The injured person, Ian Whyte, was a 10-year-old school boy at the time of the accident in 2008. He claimed against Bluebird Buses Limited for injuries he suffered when a bus struck him as he was standing on the edge of the kerb at the bus stop. Several young people were jostling for position near the kerb, as the bus drew in to the stop. The evidence indicated that the collision was between the near side of the bus, towards the front, and the back of the boy’s head. The impact knocked him over. However, he managed to pick himself up and get home. Much of the evidence in the case was derived from Continue Reading
Bereavement Damages – Scots Law Used As A Benchmark For Reform
The Radio 4 consumer programme “You and Yours”, for 14 January 2016, included a section on bereavement damages. It highlighted the fact that, although they say “you can’t put a price on a life”, in fact, we do it all the time. Decisions made about which treatments and drugs are going to be available on the NHS are one example. Another is the way we deal with compensation when someone dies as a result of negligence. Scotland as a benchmark for law reform in England and Wales One MP – a former personal injury lawyer – is asking for a change in the law to allow courts in England and Wales to pay more in compensation than at present and allow a wider range of relatives to claim, when someone has died as a result of negligence. In many ways, the Scottish legal position is being used as the blueprint for the proposed change in the law in England and Wales. Andy McDonald is the Labour MP for Middlesborough and his Private Member’s Bill comes before Parliament at the end of January Continue Reading
Work Accident Prosecution Delays Put Compensation Claims At Risk
If a worker is fatally injured as the result of an accident at work, there will often be an investigation by the Health and Safety Executive (HSE). Available options include: the holding of a Fatal Accident Inquiry by the procurator fiscal; criminal prosecution of the employer and/or any other business which might have been "in control" of the workplace at the time of the accident under the Health and Safety at Work Act. Examples of employer prosecutions as the result of a fatal accident HSE publishes a weekly email bulletin - to which anyone can subscribe - which gives details of the latest health and safety breaches which have given rise to criminal convictions for businesses. The accidents involve life-changing injuries and some result in fatalities. Using as an example the most recent bulletin, we find several reports of fines imposed on businesses for deaths of workers in a variety of circumstances: A landscape gardener who fell under the wheels of a Continue Reading
Jury Trial Risks Highlighted By Dog Bite Case
New Year’s Day in Scotland is a time when families get together to eat, drink and celebrate. Margaret Ferguson went to such a gathering, at her brother-in-law’s house in Dundee, on 01 January 2011. She ended the evening with a serious injury to her face: a full thickness laceration of the left side of her upper lip, extending to and involving the corner of her mouth. Over several months, she went on to need several surgical procedures. The injury left her with permanent scarring. Dog bite The cause of her injury was a bite by her brother-in-law’s Scottish Terrier, Dougal. The dog was nearly 10 years old and suffering from arthritis. As to Dougal’s character, he was “by all accounts, a very friendly good-natured little chap.” So why did he bite Mrs Ferguson? There was a dispute about the circumstances. Mrs Ferguson’s version of events was that, while sitting on the sofa, she had turned round to speak to her husband. At that point, Dougal had suddenly jumped forward and Continue Reading